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Criminal Justice (Scotland) Act 2016

Section 34 – Questioning following arrest

99.Section 34 enables a constable to question a person following arrest provided the person has not been officially accused of the offence (i.e. charged with the offence by the police or where a prosecutor has started proceedings in relation to the offence), or an offence arising from the same circumstances. The person has the right, however, not to answer any questions but must provide the police with their name, address, date of birth, place of birth and nationality.

100.Subsection (3) makes clear that the provisions of this section do not imply a limit on the ability of the police to question a person about other matters (including offences) unrelated to the offence for which they were arrested.

101.Under subsection (5), the use, in evidence, of any answers given by a person during questioning is subject to the laws on admissibility.

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